Фото: DEFERMENT FROM MOBILIZATION – PARENTS OF DISABLED PERSONS

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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DEFERMENT FROM MOBILIZATION – PARENTS OF DISABLED PERSONS

Reading time: 3 min.

One of the constitutional duties of citizens is the protection of the homeland. And it was during the war that he found his real reflection. But not all citizens who are conscripted can fight and be mobilized. The Law of Ukraine "On Mobilization Training and Mobilization", namely Article 23, lists the categories of persons who cannot be mobilized during martial law, that is, they have a postponement.
One of these grounds is that the conscript's parents are disabled.

Features

But it is worth noting that in order to apply this circumstance, as an opportunity to get a postponement from mobilization, it is necessary to understand in detail the conditions under which this is possible.

Art. 23 of the aforementioned Law indicates that a conscripted person will have the right to deferment from mobilization, provided that he has one of his parents or his wife's (husband's) parents from among persons with disabilities of group I or II.

That is, the presence of a disability in a parent means that a person cannot be mobilized without his consent.

Importantly!

First, the Law does not specify how many family members can receive a deferment from mobilization on this basis. That is, if there are two brothers of conscripts, then each of them has the right to such a postponement.

Secondly, the place of registration of a conscript and his parents who have a disability does not matter. In other words, if a conscript is registered at one address, and his father or mother with a disability is at another, then the right to postponement of mobilization is preserved.

Documents

  • Application for a postponement of mobilization in connection with the presence of a disability in one of the parents of the 1st or 2nd group.
  • A copy of the conscript's birth certificate
  • A copy of the pension certificate or MSEK certificate confirming the disability group of the conscript's parents or his wife/husband

If these are the wife's parents, then a copy of the marriage certificate and a copy of the wife's birth certificate must be provided. In order to confirm family relations in this way.

All documents must be duly certified, preferably notarized.

 

So, as can be seen from the above, it is quite possible to get the right to deferment if the parents have a disability. But you need to understand that upon receiving a summons and visiting the TCC and JV, it is better to have them prepared and provide them at the first request. Because if such documents are not provided, the TCC and SP have the right to mobilize conscripts.

And if there are additional questions or nuances with the provision of this type of postponement in a specific TCC and JV, you should not forget about the professional help of a military lawyer. After all, high-quality legal assistance is a guarantee of compliance with the rights of citizens.

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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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